surveillance_practices_and_gamingfandomcom-20200216-history
Platform-Based ERM
Platform-Based Digital Rights Management is a strategic model associated with the ways ERM has integrated with platforms such as next-generation gaming consoles and gaming programs to protect digital information. This section explores some of the most problematic ERM platforms associated with this generation of video gaming. 'Steam' There are legal issues with the use of ERM systems such as Steam. The greatest problem is that of content ownership/property. With traditional software platforms, purchasing a video game/movie/album means that the customer owns the product but not the content of their purchase. However ERM platforms such as Steam provide the customer with a license to access the product; there is no transfer of ‘ownership’. Other platforms also exercise similar ERM policies including international distributor, Amazon. Customers who make purchases on the Amazon Kindle essentially purchase an ownership license which cannot be transferred or shared to other Kindle users.Graham, Larry, No such thing as ownership when it's an e-book (November 5 2012) Sydney Morning Herald This creates a whole host of legal issues, particularly in Fair Trading and Fair Use laws. The Australian Competition and Consumer Commission (ACCC) has recently instituted proceedings against the developers in Valve (the company which developed Steam) for making false claims that consumers were not entitled to refunds to games under any circumstances.Australian Competition and Consumer Commission, Full steam ahead: ACCC institutes proceedings against Valve for making alleged misleading consumer guarantee representations (Aug 29 2014) ACCC The issue is the difference in ownership and retail policies between physical and digital game copies. Valve has repeatedly refused to provide refunds across its platforms, regardless of reason provided or local laws. Australian Consumer Law is completely at odds with this policy and so the ACCC will begin proceedings against Valve later in 2015. The expected defence from Valve will focus on the issue of ‘ownership v licensing’ as raised above. 'Microsoft' Microsoft attempted to implement an ERM system on their most recent video game console the Xbox One. The system worked via ‘checking in’ to the internet once every 24 hours. One of the most controversial aspects was that this system would tie the product to the first consumer to use it, effectively preventing the private re-sale of the software to unauthorised third parties. According to the Xbox One's original use-game policy, the only way for consumers to re-sell or trade games with other parties was through mediating third parties, such as an official retailer. The game-disc was encrypted with a unique activation key binding the game to the customer which prevents players from sharing games with friends without an official Microsoft retailer. These policies were introduced in the 2013 E3 gaming conference and were designed to address ongoing issues of internet piracy in the gaming industry. Intiailly, Xbox One's gaming policy also included a region-lock ERM on the console's game-disc. In response to unpopular ERM policies presented by Microsoft, Sony posted a video after their E3 presentation mocking their ERM stance which was later parodied by online communities. About a month after E3, Microsoft changed their ERM policies on the Xbox One removing all prior activation and re-sell restrictions. The Xbox Kinect was also designed to be ‘always on’. This created controversy at the time as Microsoft had filed patents for facial recognition technology which further intensified issues surrounding the planned use of customer data as it became even more identifiable. These ERM policies were announced around the time of the Edward Snowden NSA Prism leaks which revealed that the Prism surveillance program utilised Microsoft’s Kinect units. Microsoft has since abandoned these ERM policies due customer dissatisfaction however the production of Kinect continued, and for a time it came bundled with all Xbox One units. Microsoft's controversial ERM policies remain to be a sensitive area of discussion for Xbox One. Recently, the Xbox community were concerned over the possible return of Microsoft's original ERM policies when players were unable to run the digital copy of the game, Far Cry 4 and the game was simultaneously delisted from the Xbox One's digital game store. Scamell, David, Microsoft clarifies Xbox One DRM strategy following Far Cry 4 issue (Jan 9 2015) Video Gamer, Microsoft has since issued a statement reassuring the players that the policies remain unchanged. This issue has strong parallels to Amazon Kindle's removal of George Orwell's 1984 and Animal Farm on their e-book store in 2009. Consumers were afraid of losing digital ownership of content they purchased online as it is easy for ERM platforms to repossess digital content compared to traditional platforms. Perenson, Michelle, Amazon removes e-books from Kindle store, revokes ownership (July 17 2009) TechHive 'Ubisoft' Another video game developer that is center to the ERM debate is Ubisoft. Being a game publisher that has released a range of popular open-world game franchises such as Assassin's Creed and Far Cry, Ubisoft has created various safeguards to prevent internet pirates from undermining their revenue. Following Steam's success as a gaming software and ERM for distributing digital copies of video games, Ubisoft developed Uplay, a program said to enrich player experience by offering trophy systems with built-in monitoring systems designed to authenticate the legitimacy of every Ubisoft title since 2010. The introduction of Uplay has come with its fair share of controversial issues in relation to surveillance and privacy. When Uplay was first introduced with the release of Assassin's Creed II, users who purchased the software on Windows platform were required to maintain a constant internet connection. The program was received poorly by users as the game would drop out or halt temporarily depending on the internet connection. Kuchera, Ben, Official explanation of controversial Assassin's Creed 2 DRM (Feb 19 2010) Ars Technica Prior to Uplay, Ubisoft titles were released and distributed through Steam ERM software. Although Ubisoft's intention was to develop an in-house ERM system, players were infuriated as it meant installing a new program separate from existing distribution services such as Steam. Players who launch Assassin's Creed 2 through Steam would automatically launch Uplay to run the game despite launching it using a separate ERM software. In fact, it can be argued that ERM which monitors players at every moment are not an effective deterrent for piracy as hackers were able to release a cracked copy of Assassin's Creed II without the online authentication system a month after it was released. Lowensohn, Josh, Ubisoft's controversial 'always on' PC DRM hacked (April 21 2010) C/Net Even though the 'always-on' authentication system has been gradually removed by Ubisoft, its after effects are ever present on Uplay. The always-on system was replaced with a one time authentication system at game launch. Even so, later titles such as, The Crew continued to require users to be online to function. It seems that an ongoing challenge for Ubisoft as a video game publisher is to develop ERM systems that are unintrusive and improves player's experience instead of ruining it. To a lesser extent ERM could be seen as a necessary component for the gaming industry. An interview with Ubisft CEO, Yves Guillemot in 2012 claims that the piracy rate was around 93 to 95 percent which is why the company had plans to develop cost-effective free-to-play games. Senior, Tom, PC gaming has "around a 93-95% piracy rate" claims Ubisoft CEO (Aug 22 2012) PC Gamer The statistics may be alarming and many gamers have attempted to disprove the company's claims. Outside of monitoring software-based information, Ubisoft even has ERM systems which monitor computer hardware changes. Back in 2012 with the release of the title Anno 2070, there were reports that the game would not reinstall if the user replaced their computer graphics card. Walker, John, Ubisoft activations monitor hardware changes (Jan 16 2012) Rock, Paper, Shotgun Recent discussions about Ubisoft's ERM strategies emphasise the company's consistently ineffective ERM strategies and the impact such security systems have on players who have purchased the game through legitimate distribution channels. Last year Ubisoft's Vice President of digital publishing, Chris Early stated, "I don't want us in a position where we're punishing a paying player for what a pirate can get around." Makuch, Eddie, Ubisoft: DRM can't stop piracy (June 19 2014) Gamespot It seems counterintuitive that the ongoing war against ERM continues to be aimed at both paying customers and online pirates. The comment seems to represent the crux of the current ERM debate. Offering the same treatment to paying customers and internet pirates will only continue to estrange existing fan communities, lower quality expectations and reduce sales revenue. Instead, new ERM strategies should be developed which reward gamers for supporting the product and punish others who wish to undermine the brand. However, sometimes players practices both piracy and legal distribution depending on a game-by-game basis. In this current generation of gaming, it is increasingly difficult to predict the quality of the final product and much of a game's actual quality is vastly exaggerated by marketing. This highlights the current trend of gaming but also an insightful about the psychology of gamers. 'Footnotes'